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Order Code 98-606 GOV The Executive Office of the President: An Historical Overview Updated November 26, 2008 Harold C. Relyea Specialist in American National Government Government and Finance Division
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The Executive Office of the President: An Historical …The Executive Office of the President represents an institutional response to needs felt by every occupant of the Oval Office,

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Page 1: The Executive Office of the President: An Historical …The Executive Office of the President represents an institutional response to needs felt by every occupant of the Oval Office,

Order Code 98-606 GOV

The Executive Office of the President: An Historical Overview

Updated November 26, 2008

Harold C. RelyeaSpecialist in American National Government

Government and Finance Division

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The Executive Office of the President: An Historical Overview

Summary

Established in 1939, the Executive Office of the President (EOP) consists of agroup of federal agencies immediately serving the President. Among the oldest ofthese are the White House Office, where many of the President’s personal assistantsare located, and the Office of Management and Budget, which was established as theBureau of the Budget in 1921 and by transfer became one of the original EOP unitsin 1939. Entities have been placed within the EOP by both presidential action andcongressional determination. Some components have endured; others have beenbrief experiments. Some have been transferred to other quarters of the executivebranch; others have been abolished with no successor. In large measure, the tenureand durability of an Executive Office agency is dependent upon its usefulness to thePresident — as a managerial or coordinative auxiliary, a national symbol, or a havenof political patronage, among other considerations. This report reviews the particularcircumstances of the creation of, and underlying authority for, the Executive Officeof the President, and provides profiles of the entities that have been, and still are,located within that enclave.

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Contents

Executive Office Agency Precursors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Toward an Executive Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Creating the Executive Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Composition and Growth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Appendix A: Profiles of the Principal Units of the Executive Office of the President: 1939-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Administration, Office of (1977- ) . . . . . . . . . . . . . . . . . . . . . . . . . . 12Arts, National Council on the (1964-1965) . . . . . . . . . . . . . . . . . . . . . 12Budget, Bureau of the (1939-1970) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Civil and Defense Mobilization, Office of (1958-1961) . . . . . . . . . . . 12Congested Production Areas, Committee for (1943-1944) . . . . . . . . . 12Consumer Affairs, Office of (1971-1973) . . . . . . . . . . . . . . . . . . . . . . 13Defense and Civilian Mobilization, Office of (1958) . . . . . . . . . . . . . 13Defense Mobilization, Office of (1950-1953; 1953-1958) . . . . . . . . . 13Domestic Council (1970-1977; 1993- ) . . . . . . . . . . . . . . . . . . . . . . 13Domestic Policy Staff (1977-1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Drug Abuse Policy, Office of (1976-1977) . . . . . . . . . . . . . . . . . . . . . 14Drug Abuse Prevention, Special Action Office for (1971-1975) . . . . 14Economic Advisers, Council of (1946- ) . . . . . . . . . . . . . . . . . . . . . 14Economic Opportunity, Office of (1964-1975) . . . . . . . . . . . . . . . . . . 14Economic Policy, Council on (1973-1974) . . . . . . . . . . . . . . . . . . . . . 14Emergency Management, Office for (1940- ) . . . . . . . . . . . . . . . . . . 15Emergency Planning, Office of (1961-1968) . . . . . . . . . . . . . . . . . . . . 15Emergency Preparedness, Office of (1968-1973) . . . . . . . . . . . . . . . . 15Energy Policy Office (1973-1974) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Energy Resources Council (1974-1977) . . . . . . . . . . . . . . . . . . . . . . . 15Environmental Quality, Council on (1970- ) . . . . . . . . . . . . . . . . . . 16Federal Energy Office (1973-1974; 1976) . . . . . . . . . . . . . . . . . . . . . . 16Federal Property Council (1973-1977) . . . . . . . . . . . . . . . . . . . . . . . . 16Government Reports, Office of (1939-1942; 1946-1948) . . . . . . . . . . 16Gulf Coast Recovery and Rebuilding Council (2005 - ) . . . . . . . . . 17Homeland Security Council (2001- 2002; 2002- ) . . . . . . . . . . . . . . 17Homeland Security, Office of (2001-2004) . . . . . . . . . . . . . . . . . . . . . 17Intellectual Property Enforcement Coordinator (2008- ) . . . . . . . . . 18Intergovernmental Relations, Office of (1969-1972) . . . . . . . . . . . . . . 18International Economic Policy, Council on (1971-1977) . . . . . . . . . . 18Management and Budget, Office of (1970- ) . . . . . . . . . . . . . . . . . . 18Marine Resources and Engineering Development, National Council

on (1966-1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Mutual Security Agency (1951-1953) . . . . . . . . . . . . . . . . . . . . . . . . . 19National Aeronautics and Space Council (1958-1973) . . . . . . . . . . . . 19National Critical Materials Council (1984-1993) . . . . . . . . . . . . . . . . 19National Drug Control Policy, Office of (1988- ) . . . . . . . . . . . . . . . 19National Energy Office (1973) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20National Security Council (1949- ) . . . . . . . . . . . . . . . . . . . . . . . . . . 20National Security Resources Board (1949-1953) . . . . . . . . . . . . . . . . 20National Space Council (1988-1993) . . . . . . . . . . . . . . . . . . . . . . . . . . 20

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Operations Coordinating Board (1953-1957) . . . . . . . . . . . . . . . . . . . 21Personnel Management, Liaison Office for (1939-1953) . . . . . . . . . . 21Policy Development, Office of (1981-1992; 1996- ) . . . . . . . . . . . . . 21Presidential Clemency Board (1974-1975) . . . . . . . . . . . . . . . . . . . . . 21President’s Economic Policy Board (1974-1977) . . . . . . . . . . . . . . . . 21Privacy and Civil Liberties Oversight Board (2004-2007) . . . . . . . . . 22Resources Planning Board, National (1939-1943) . . . . . . . . . . . . . . . 22Rural Affairs, Council for (1969-1970) . . . . . . . . . . . . . . . . . . . . . . . . 22Science and Technology, Office of (1962-1973) . . . . . . . . . . . . . . . . . 22Science and Technology Policy, Office of (1976- ) . . . . . . . . . . . . . 23Special Representative for Trade Negotiations, Office

of the (1963-1979) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Telecommunications Adviser to the President (1951-1953) . . . . . . . . 23Telecommunications Policy, Office of (1970-1977) . . . . . . . . . . . . . . 23United States Trade Representative, Office of the (1979- ) . . . . . . . 23Urban Affairs, Council for (1969-1970) . . . . . . . . . . . . . . . . . . . . . . . 23Wage and Price Stability, Council on (1974-1981) . . . . . . . . . . . . . . . 24War Refugee Board (1944-1945) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24White House Office (1939- ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24White House Office of Faith-Based and

Community Initiatives (2001- ) . . . . . . . . . . . . . . . . . . . . . . . . . 24

Appendix B: A Chronology of the Principal Units of the Executive Office of the President: 1939-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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1 Theodore C. Sorensen, Watchmen in the Night (Cambridge, MA: M.I.T. Press, 1975), p.100.2 This statement does not overlook the existence of the Cabinet, rooted in the President’sArticle II, Section 2, constitutional authority to “require the Opinion, in writing, of theprincipal Officer in each of the executive Departments, upon any Subject relating to theDuties of their respective Offices,” but otherwise without legally specified composition,duties, or recognition.

The Executive Office of the President: An Historical Overview

Since 1939, federal agencies immediately assisting the President have beenlocated in an enclave known as the Executive Office of the President (EOP). Withinthese entities are many, if not most, of the President’s closest advisers and assistantson matters of policy, politics, administration, and management. Some of these EOPcomponents have been creations of the President; others have been established byCongress. While some have endured, others have been brief experiments; some havebeen transferred to other quarters of the executive branch, others have been abolishedwith no successor. In large measure, the tenure and durability of an Executive Officeagency is dependent upon its usefulness to the President — as a managerial orcoordinative auxiliary, a national symbol, or a haven of political patronage, amongother considerations. Assessing the historical record, former presidential aide andstudent of the Presidency Theodore Sorensen once quipped that some Presidents usethe Executive Office “as a farm league, some use it as a source of experts andimplementers, and some use it as Elba.”1

The Executive Office of the President represents an institutional response toneeds felt by every occupant of the Oval Office, beginning with George Washington,who, of course, served before there even was a White House. Primarily, these were,and remain, needs for advice and assistance. Undoubtedly, there have always beenmany who are ready and more than willing to offer the President their advice.However, what has probably always been desired by Presidents in this regard werea few loyal and intelligent individuals who would offer counsel when asked andwould keep such consultations confidential. Loyalty, competence, and ability to keepconfidences were also qualities to be sought in individuals providing immediateassistance — with correspondence and records maintenance, appointments andscheduling, bookkeeping, and, in time, many more sophisticated tasks.

Executive Office Agency Precursors

The first experiments with special institutions to assist the President occurredduring the administration of President Woodrow Wilson and the initial term ofPresident Franklin D. Roosevelt.2 The Council of National Defense was established

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3 39 Stat. 619 at 649.4 Grosvenor B. Clarkson, Industrial America in the World War (Boston, MA: HoughtonMifflin, 1923), p. 22.5 39 Stat. 649.6 See Lloyd M. Short, The Development of National Administrative Organization in theUnited States (Baltimore, MD: The Johns Hopkins University Press, 1923), pp. 441-450;U.S. Council of National Defense, Division of Statistics, Directory of Auxiliary WarOrganizations (Washington: Council of National Defense, 1917).7 The council was briefly revived by President Roosevelt in 1940 as a vehicle forcoordinating veiled U.S. mobilization efforts. A few months later, the Office for EmergencyManagement became the principal mobilization coordinator. Ultimately, the council’sfunctions were unofficially usurped by the National Security Council in 1947. Authority

(continued...)

by Congress, with Wilson’s concurrence, in 1916.3 In announcing the formation ofthe council, the President indicated its chief functions would be:

! coordination of all forms of transportation and the development ofmeans of transportation to meet the military, industrial, andcommercial needs of the Nation; [and]

! extension of the industrial mobilization work of the Committee onIndustrial Preparedness of the Naval Consulting Board. Completeinformation as to our present manufacturing and producing facilitiesadaptable to many-sided uses of modern warfare will be procured,analyzed, and made use of.4

The council’s members included the Secretaries of Agriculture, Commerce, theInterior, Labor, the Navy, and War — the Cabinet minus the Attorney General,Secretary of State, Postmaster General, and Vice President. Its statutory mandatealso provided that the council was to be assisted by a presidentially appointedadvisory commission “consisting of not more than seven persons, each of whom shallhave special knowledge of some industry, public utility, or the development of somenatural resource, or be otherwise specially qualified ... for the performance of theduties ... provided.”5

During U.S. involvement in World War I, the council and its advisorycommission organized a large number of shifting subunits, largely composed ofprominent persons who placed their services at the disposal of the federalgovernment without compensation.6 The result was a network for the exchange ofinformation and advice between executive branch leaders of the American war effortand counterpart leaders in industry, business, science, and engineering. Certainly thePresident and his subordinates benefitted from this advisory structure, as well as fromthe additional staff made available by the existence of the council.

With the close of hostilities in Europe, the council began to curtail itsoperations. Council appropriations for FY1922 were denied, and the panel officiallydiscontinued its activities on June 30, 1921.7

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7 (...continued)for the Council of National Defense, however, still exists, though it is considered inactive.8 Lester G. Seligman and Elmer E. Cornwell, eds., New Deal Mosaic: Roosevelt Conferswith His National Emergency Council, 1933-1936 (Eugene, OR: University of OregonBooks, 1965), p. xv.9 A. J. Wann, The President as Chief Administrator (Washington: Public Affairs Press,1968), p. 51.10 Ibid., p. 56.

In combating the Great Depression, President Roosevelt seemingly preferred toassign newly created emergency programs to agencies freshly established, rather thanto existing departments. To effect executive branch coordination, he chartered atemporary Executive Council with E.O. 6202A of July 11, 1933. The panel’s 24members — inclusive of the entire Cabinet, the Director of the Bureau of the Budget,and the heads of the various economic recovery agencies — met at the White Houseon Tuesday afternoons. Roosevelt himself presided over the sessions. He wasassisted by the council’s executive secretary, Frank C. Walker, who performed “suchduties as may be prescribed him by the President” and was the only professional staffassistant serving the panel. Walker’s role was purely administrative and was limitedto the activities of the council: when FDR was absent from council meetings, thesenior Cabinet officer present presided. After a few months, the panel, in oneestimation, “proved too cumbersome for effective discussion.”8 The weakness of thecouncil was its limited staffing and lack of power to coordinate department andagency efforts at combating the depression. However, it was a useful forum for theexchange of ideas by the President, department heads, and the leaders of the newemergency agencies. Indeed, the council meetings provided valuable informationand advice, and Walker ably assisted FDR as a behind-the-scenes trouble shooter.9

Recognizing the deficiencies of the Executive Council, Roosevelt establishedanother coordinating organization with a more limited membership. On November17, 1933, he issued E.O. 6433A setting up the National Emergency Council.Composed of the Secretaries of the Interior (or Administrator of Public Works),Agriculture, Commerce, and Labor, the Administrators of Agricultural Adjustmentand Federal Emergency Relief, the chairman of the Home Owners Loan Corporation,the governor of the Farm Credit Administration, and a representative from theConsumer’s Council, the National Emergency Council had field directors in each ofthe states to coordinate federal relief efforts. Furthermore, responsibility for thedissemination of information and guidance to the public about federal recovery andrelief activities was vested in the council.10

Like the Executive Council, the National Emergency Council met everyTuesday, but at two-week intervals. The agenda was set by the executive director inconsultation with the President. The member agencies submitted progress reports toinform other participants and reduce misunderstandings and conflicts inadministration. With the President presiding, disputes might be settled at hisdecision. Frank Walker initially acted as the council’s executive director.

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11 See Ibid., pp. 54-66; Seligman and Cornwell, New Deal Mosaic: Roosevelt Confers withHis National Emergency Council, 1933-1936, pp. xiv-xxix.12 See Louis Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow,Second Half (Chicago, IL: University of Chicago Press, 1958), p. 321.13 Seligman and Cornwell, New Deal Mosaic: Roosevelt Confers with His NationalEmergency Council, 1933-1936, p. xxvi.14 48 Stat. 195 at 200.

Recognizing the limitations of the National Emergency Council for coordinatingthe activities and administration of New Deal programs in the area of relief andunemployment, the President, with E.O. 6889A of October 31, 1934, consolidatedthe Executive Council, the National Emergency Council, and a National RecoveryAdministration oversight panel called the Industrial Emergency Committee. Theexecutive director of the reorganized National Emergency Council was givensweeping new authority, but it could only be effectively exercised with the fullsupport of the President. Slipping into decline after December of 1935, the councilheld its last meeting on April 28, 1936.11

Subsequently, on September 16, 1937, Roosevelt issued E.O. 7709A abolishingthe panel at the end of the year. He then changed his mind, however, thinking thecouncil might be useful for dealing with the recession that had become widespreadby November, and he extended the life of the panel. FDR thought the EmergencyCouncil experience “a wonderful essay in democracy.” He called it a New Englandtown meeting that gave everybody a chance to “blow off.” By his own admission,he learned things that some of his subordinates “wouldn’t have liked me to knowanything about.” Eventually, Roosevelt admitted, the council became “too big to domuch actual work.” At the end, he was, he said, making “stump speeches” when hewould have preferred to be receiving advice.12 Nonetheless, it has been observed thatFDR’s experience with such super-Cabinet entities may well have convinced him thatthe coordination he desired could be better achieved through strengthenedpresidential staff rather than collegial bodies of department and agency leaders.13

Toward an Executive Office

FDR turned to a group of planners after his super-Cabinet experiments failed toresult in the kind of coordination he wanted. Shortly after the Federal EmergencyAdministration of Public Works was established in June of 1933,14 Harold Ickes, asthe head of the new program, had created the National Planning Board to establishevaluation criteria and advise him on project selection. Its members includedpolitical scientist Charles E. Merriam, economist Wesley C. Mitchell (succeeded byGeorge Yantes), and city planner Frederick A. Delano, who was the President’suncle. As Roosevelt became familiar with the board’s work and as the board’smembers became increasingly aware of the lack of adequate information availablefor use in planning the development and application of the nation’s resources, it wasagreed that a permanent, broadly based planning body was needed. The result wasthe conversion of the National Planning Board into the National Resources Board andAdvisory Committee, an independent Cabinet committee, with E.O. 6777 of June 30,1934. When this new entity lost its statutory charter due to Supreme Court

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15 Schechter Poultry Corporation v. United States, 295 U.S. 495 (1935).16 53 Stat. 1423.17 53 Stat. 927 at 931.18 57 Stat. 169. See, generally, Marion Clawson, New Deal Planning: The NRPB(Baltimore, MD: The Johns Hopkins University Press, 1981); Otis L. Graham, Jr., TowardA Planned Society: From Roosevelt to Nixon (New York: Oxford University Press, 1976,pp. 52-58); Charles E. Merriam, “The National Resources Planning Board: A Chapter inAmerican Planning Experience,” American Political Science Review, vol. 38, December1944, pp. 1075-1088; Philip W. Warken, A History of the National Resources PlanningBoard, 1933-1943 (New York: Garland Publishing Company, 1979).19 Barry Dean Karl, Executive Reorganization and Reform in the New Deal (Cambridge,MA: Harvard University Press, 1963), p. 203.20 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, SecondHalf, pp. 327-328.

invalidation of the National Industrial Recovery Act,15 the planning body wasreconstituted as the National Resources Committee (NRC) with E.O. 7065 of June7, 1935. Later, in 1939, when creating the Executive Office of the President, FDRabolished the NRC and transferred its functions to a newly established NationalResources Planning Board (NRPB).16 In June, Congress appropriated funds for theNRPB to carry out the functions of the NRC.17 Eventually, however, continuedcongressional unhappiness with the NRPB resulted in its abolition, with nosuccessor, in June of 1943.18

The original members of the National Planning Board were suggested to Ickesby one of his consultants, Louis Brownlow, who was the director of the PublicAdministration Clearing House in Chicago. Brownlow became a frequent, informalparticipant in the board’s deliberations and meetings with Ickes. During the springand summer of 1935, the planning group had progressed to having White Housemeetings with Roosevelt, who took a keen interest in Merriam’s concept of planningand its relation to the presidency. At FDR’s request, Merriam, with Brownlow’sassistance, prepared a memorandum on the subject.19 Subsequently reproduced inBrownlow’s autobiography, this October 1935 memorandum stressed the importanceof management and administration for national planning of natural and humanresources. Turning to the presidency, Merriam called for greater development of thePresident’s capabilities for management and administrative supervision of thegovernment. He acknowledged that some steps — in personnel, budgeting, andplanning — had been taken in this regard, but thought some analysis of the situationshould be made, and called for “a study directed toward the institutionalarrangements, general understandings and practices which would most effectively aidthe Executive in the double task of management plus political leadership anddirection.” Merriam indicated that such a study of administrative management mightbe undertaken by the Public Administration Committee of the Social ScienceResearch Council. Chaired by Brownlow, this committee, Merriam pointed out, wasalready engaged in an assessment of the administration of the Works ProgressAdministration, “and it might be persuaded to broaden the scope of its inquiry.”20

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21 See Karl, Executive Reorganization and Reform in the New Deal, pp. 37-165.22 Samuel I. Rosenman, ed., The Public Papers and Addresses of Franklin D. Roosevelt:1936 Volume, The People Approve (New York: Random House, 1938), pp. 144-146.23 U.S. President’s Committee on Administrative Management, Report of the President’sCommittee (Washington: GPO, 1937), pp. 5-6, 29-42.24 11 Stat. 228.25 45 Stat. 1230.

Roosevelt shied away from passing the study project on to the Social ScienceResearch Council and, instead, sought his own study committee, instructed by thePresident. The result was the President’s Committee on AdministrativeManagement, announced on March 22, 1936, and consisting of Merriam, Brownlow,and Luther Gulick.21 Its task, as revealed in the President’s letter to Congress, wouldbe to make “a careful study of the organization of the Executive branch of theGovernment ... with the primary purpose of considering the problem ofadministrative management.” FDR went on to stress that “many new agencies havebeen created during the emergency, some of which will, with the recovery, bedropped or greatly curtailed, while others, in order to meet the newly realized needsof the Nation, will have to be fitted into the permanent organization of the Executivebranch.”22 Little concern with efficiency and economy through governmentreorganization was evident in the President’s letter. Instead, the emphasis was uponstructuring the Chief Executive’s authority for effectively executing his constitutionalresponsibilities.

The Brownlow committee reported approximately ten months later. Among itsrecommendations was a proposed addition of six assistants to the President’s staffand vesting responsibility in the President for the continuous reorganization of theexecutive branch.23 Released to Congress on January 12, 1937, the report soonbecame lost in high politics. Three weeks after submitting the Brownlowcommittee’s report to Congress, FDR announced he wanted to enlarge themembership of the Supreme Court. His “court packing” plan not only fedcongressional fears of a presidential power grab, but also so preoccupied Congressthat the Brownlow committee’s reorganization recommendations were ignored.

The Brownlow committee’s report made no recommendation for an ExecutiveOffice of the President. What was sought was a modest enlargement of the numberof congressionally authorized presidential assistants. The President had initially beengranted funds in 1857 to employ a private secretary;24 in 1929, Congress waspersuaded to add two more secretaries and an administrative assistant to thepresidential payroll.25 The current situation, in the view of the Brownlow committee,called for more.

The President needs help. His immediate staff assistance is entirely inadequate.He should be given a small number of executive assistants who would be hisdirect aides in dealing with the managerial agencies and administrativedepartments of the government. These assistants, probably not exceeding six innumber, would be in addition to the present secretaries, who deal with the public,with the Congress, and with the press and radio. These aides would have no

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26 U.S. President’s Committee on Administrative Management, Report of the President’sCommittee, p. 5.

power to make decisions or issue instructions in their own right. They would notbe interposed between the President and the heads of his departments. Theywould not be assistant presidents in any sense. Their function would be, whenany matter was presented to the President for action affecting any part of theadministrative work of the Government, to assist him in obtaining quickly andwithout delay all pertinent information possessed by any of the executivedepartments so as to guide him in making his responsible decisions; and thenwhen decisions have been made, to assist him in seeing to it that everyadministrative department and agency affected is promptly informed. Theireffectiveness in assisting the President will, we think, be directly proportional totheir ability to discharge their functions with restraint. They would remain in thebackground, issue no orders, make no decisions, emit no public statements. Menfor these positions should be carefully chosen by the President from within andwithout the Government. They should be men in whom the President haspersonal confidence and whose character and attitude is [sic] such that theywould not attempt to exercise power on their own account. They should bepossessed of high competence, great physical vigor, and a passion for anonymity.They should be installed in the White House itself, directly accessible to thePresident. In the selection of these aides, the President should be free to call ondepartments from time to time for the assignment of persons who, after a tour ofduty as his aides, might be restored to their old positions.26

While this particular recommendation did not attract fervent opposition inCongress, the forces of resistance carried sway, and Roosevelt’s hopes for executivebranch reforms died in the 75th Congress.

Creating the Executive Office

Although efforts at gaining legislative approval of the Brownlow committee’srecommendations lay in ruin in the spring of 1938, the buoyant Chief Executive hadnot deserted the cause. By July, FDR was meeting with Brownlow, Merriam, andGulick. Their committee would not be officially reassembled, but he wanted eachman’s help with a reorganization authority proposal. Roosevelt sought out theDemocratic congressional leadership to discuss the new reorganization measure.Legislative strategy was set in early December 1938 by Roosevelt, Merriam, Gulick — Brownlow was convalescing from a heart attack — and Senator James Byrnes,the chairman of the Senate Select Committee on Government Organization andmanager of the reorganization legislation. Byrnes asked that the bill be initiated inthe House, where debate could be limited and the Senate would be free to pursuepending business of the moment. The resulting measure — H.R. 4425 —empowered the President to propose reorganization plans, subject to a veto by amajority vote of disapproval in both houses of Congress, and to also appoint sixadministrative assistants.

After three days of discussion and debate, the House adopted the bill on March8, 1939. Twelve days later, the Senate began considering the proposal. Followingtwo days of sparring over amendments, the Senate adopted the bill. A quick

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27 53 Stat. 561.28 Richard Polenberg, Reorganizing Roosevelt’s Government (Cambridge, MA: HarvardUniversity Press, 1966), pp. 184-187.29 53 Stat. 1423.30 53 Stat. 1431 at 1435.31 53 Stat. 813.32 3 C.F.R., 1938-1943 Comp., pp. 576-579.33 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, SecondHalf, p. 416.34 3 C.F.R., 1938-1943 Comp., pp. 1320-1321.

conference cleared the measure for Roosevelt’s signature on April 3.27 Earlier, FDRhad asked Brownlow, Merriam, and Gulick to return to Washington and assist withthe preparation of his initial reorganization plans.28

Following consultations with Budget Director Harold D. Smith, the Brownlowgroup presented two reorganization proposals to Roosevelt on April 23. Plan 1,submitted to Congress on April 25, indicated that certain agencies were transferredto the Executive Office of the President, but offered no explanation of that entity.29

In Plan 2, the National Emergency Council was abolished and most of its functionswere transferred to the Executive Office.30 While both plans were acceptable tolegislators, their effective dates were troublesome in terms of accommodating fiscalcalendar necessities. By joint resolution, Congress provided that both plans wouldbe effective on July 1, 1939.31 Following this action, the President, on September 8,issued E.O. 8248 formally organizing the Executive Office and, thereby, defining itin terms of its components.32 Brownlow, who drafted the initial reorganization plan,viewed the Executive Office as the institutional realization of administrativemanagement and “the effective coordination of the tremendously wide-spread federalmachinery.” He called the initial version “a little thing” compared to its later size.It grew under Roosevelt and “it continued to expand and was further regularized bystatute, by appropriation acts, and by more reorganization plans” during thesucceeding years.33

Composition and Growth

The Executive Office organized by E.O. 8248 was to consist of the White HouseOffice, the Bureau of the Budget, the National Resources Planning Board, the Officeof Government Reports, which assumed the information responsibilities of thedefunct National Emergency Council, the Liaison Office for Personnel Management,and, “in the event of a national emergency, such office for emergency managementas the President shall determine.” The Office for Emergency Management wascreated by an administrative order on May 25, 1940, and its functions were furtherspecified in an administrative order of January 7, 1941.34 It subsequently served asa parent unit for a number of subordinate emergency management bodies. Itsfunctions were largely assumed by the Office of War Mobilization and Reconversion

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35 See Herman M. Somers, Presidential Agency (Cambridge, MA: Harvard University Press,1950).36 While the Central Intelligence Agency could be considered a subunit of the NationalSecurity Council, it is treated here as a principal unit of the Executive Office of thePresident until 1981 when the United States Government Manual for that year listed it asan independent establishment.37 The staff office of the Vice President, though sometimes, for some purposes, is consideredto be an Executive Office component, it was not so regarded in these counts.38 60 Stat. 24.39 61 Stat. 496.

in the closing years of World War II, but it was never abolished and remains aninactive Executive Office unit.35

At the time of Roosevelt’s death, the United States Government Manualindicated six principal EOP units, plus the Council of National Defense. However,the Office for Emergency Management, which, it was explained, “is primarily aframework within the confines of the Executive Office of the President, within whichframework various civilian war agencies have been established,” counted 16 majoragencies.

At the end of his first term as President, Harry S. Truman had an ExecutiveOffice of eight principal units, as well as the Council of National Defense, and theOffice for Emergency Management had two subsidiary agencies. New ExecutiveOffice units created by Congress included the Council of Economic Advisers, theCentral Intelligence Agency, the National Security Council, and the National SecurityResources Board.36 At the end of his second term, Truman had 11 Executive Officeunits, but the Office for Emergency Management was dormant.

Manuals for the Presidency of Dwight D. Eisenhower indicate eight ExecutiveOffice components at the end of his first administration and nine at the conclusionof his second term. At the time of his assassination, John F. Kennedy also had nineExecutive Office entities, and Lyndon B. Johnson counted 11 such units at theconclusion of his Oval Office tenure. When Richard Nixon resigned the Presidency,he left behind 15 Executive Office agencies. His successor, Gerald Ford, also had15 EOP components when he departed from the White House, but the next President,Jimmy Carter, had a reduced total of 11 entities at the end of his term. RonaldReagan finished both of his administrations with nine Executive Office units, GeorgeH. W. Bush had 11 such agencies when he completed his term, and William Clintonhad ten EOP entities during his presidency.37 Profiles of the major entities within theExecutive Office during the 1939-2000 period are presented in Appendix I of thisreport, and their chronological location in the EOP is portrayed in Appendix II.

Among the more enduring constructs of the Executive Office are the WhiteHouse Office and the Office of Management and Budget (formerly the Bureau of theBudget), which were among the initial EOP structures. The Council of EconomicAdvisers, established in 1946,38 and the National Security Council, created in 1947,39

also appear to hold permanent status. Both the Office of the Special Representative

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40 57 Stat. 169.41 3 C.F.R., 1938-1943 Comp., pp. 1281-1282.42 58 Stat. 785.43 92 Stat. 2445. 44 U.S. Congress, House Committee on Appropriations, Treasury, Postal Service andGeneral Government Appropriation Bill, 1982, H.Rept. 97-171, 97th Cong., 1st sess.(Washington: GPO, 1981), pp. 30-31.

for Trade Negotiations and the Council on Environmental Quality have endured forover two decades. It also seems unlikely that the President’s administrative supportstaff unit, known as the Office of Administration, will soon be eliminated. If suchdid happen, its functions would most likely have to be assumed by the White HouseOffice, which would increase both its personnel and budget. Indeed, the Office ofAdministration was created, in part, in response to criticism that the White Housestaff was too large and too costly.

The number of units within the Executive Office of the President has not beena serious issue over the years. Congress, respecting the Constitution’s separation ofpowers, has allowed the President to exercise a free hand with regard to theExecutive Office. He may create a temporary EOP body and use appropriateddiscretionary funds to finance such a unit. However, it is expected that the creationand functioning of this entity, at a minimum, will not contravene prevailing statutes,and that its continued existence will be subject to congressional approval through thelegislative or appropriations process. Congress routinely appropriates funds, directlyor indirectly, for all Executive Office agencies.

When controversy has risen, it has usually involved resources for, and thepowers of, Executive Office entities. As noted earlier, Congress was suspicious ofRoosevelt’s national planners; the National Resources Planning Board came to beseen as meddlesome, a threat to traditional political relationships, and a waste ofmoney, so it was abolished.40 Concerned that the director of the Office of WarMobilization, a unit of the Office for Emergency Management created by E.O. 9347of May 27,1943,41 was becoming too powerful, Congress created a replacementagency, the Office of War Mobilization and Reconversion, and made its directorsubject to Senate confirmation, gave him a two-year term, and specified hisauthority.42 More recently, during the 1970s, congressional concern about the growthof the staff of the Executive Office ultimately resulted in an authorization statutesetting personnel ceilings for the White House Office, the Vice President’s Office,the President’s domestic policy staff, and the Office of Administration.43 In thesummer of 1981, the House Committee on Appropriations denied the budget requestof the Office of Policy Development in its entirety because witnesses from the agencyrefused to appear at a subcommittee hearing to discuss their funding. “After thesubcommittee mark-up occurred,” said the committee report, “the head of that Officemet informally and off the record with the subcommittee to discuss the matter.”Additional information on “the legal basis for refusing to appear” was to be provided,but, because it was not subsequently received, the committee took its action.44 TheOffice of Policy Development and other segments of the federal government werefunded shortly thereafter through an emergency resolution continuing appropriations

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45 95 Stat. 958.46 Brownlow, A Passion for Anonymity: The Autobiography of Louis Brownlow, SecondHalf, p. 417.47 It might be noted in this regard that, while the initial 1993 report of the NationalPerformance Review (NPR) offered a dozen major recommendations concerning theorganization and operations of the Executive Office, none of these were of an administrativemanagement character. Furthermore, neither the 1993 NPR report nor President Clintonindicated a governance theory of administrative management. See Office of the VicePresident, From Red Tape to Results: Creating a Government that Works Better & CostsLess; Report of the National Performance Review (Washington: GPO, 1993), pp. 139-140.

for FY1982.45 Office of Policy Development officials did not again refuse to appearbefore an appropriations subcommittee.

In his 1958 autobiography, Louis Brownlow commented that he was quitecertain that FDR, when creating the Executive Office, “had not in his wildestdreams” envisioned the expansion that later occurred.46 Indeed, Brownlow himselfwas surprised. He might also be surprised that administrative management, stressedby the Brownlow Committee, has not been a major concern of many of the mensucceeding Franklin D. Roosevelt as President. The past two decades have seen littleawareness of or demonstrated interest in administrative management on the part ofthe men occupying the Oval Office. This situation is reflected in their publicremarks, the relatively unchanging composition of the Executive Office, and thegeneral absence of executive branch reorganization activities or plans. However,significant changes in the composition and staffing of the Executive Office, otherthan an isolated addition of a new unit or a few personnel, could occur dependingupon the approach future Presidents have toward administrative managementconsiderations for the execution of the duties of the Presidency.47

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Appendix A: Profiles of the Principal Units of the

Executive Office of the President: 1939-2008

Administration, Office of (1977- ). Established in the Executive Officeof the President by Reorganization Plan 1 of 1977 to provide components of theExecutive Office with such administrative services as the President shall direct. Astaff authorization was initially established in 1978 (92 Stat. 2448). The Office ofAdministration is headed by a presidentially-appointed director.

Arts, National Council on the (1964-1965). Established in the ExecutiveOffice of the President by the National Arts and Cultural Development Act of 1964(78 Stat. 905) to assist the President with regard to the growth and development ofthe arts and cultural resources of the United States, including the encouragement ofprivate initiatives and the coordination of local, state, and federal activities. Thecouncil was headed by a presidentially appointed chairman, who was subject toSenate approval, and included the Secretary of the Smithsonian Institution and 24other members appointed by the President from private life. The council wassubsequently transferred to the National Foundation on the Arts and the Humanitiesby the National Foundation on the Arts and the Humanities Act of 1965 (79 Stat.849).

Budget, Bureau of the (1939-1970). Established within the Departmentof the Treasury by the Budget and Accounting Act of 1921 (42 Stat. 20) to preparethe consolidated federal budget, but functioned under the immediate supervision ofthe President. The bureau was transferred to the Executive Office of the Presidentby Reorganization Plan 1 of 1939. Headed by a presidentially-appointed director, itwas subsequently reorganized as the Office of Management and Budget byReorganization Plan 2 of 1970.

Civil and Defense Mobilization, Office of (1958-1961). Established inthe Executive Office of the President as the Office of Defense and CivilianMobilization by Reorganization Plan 1 of 1958 to direct and coordinate civilianmobilization activities and nonmilitary defense functions of the federal government.The Office of Defense and Civilian Mobilization was renamed the Office of Civiland Defense Mobilization by an act of August 25, 1958 (72 Stat. 861). Subsequently,the civil defense functions of the Office of Civil and Defense Mobilization weretransferred to the Secretary of Defense by E.O. 10952 of July 20, 1961. With itsremaining functions, the Office of Civil and Defense Mobilization was redesignatedthe Office of Emergency Planning by an act of September 22, 1961 (75 Stat. 630).

Congested Production Areas, Committee for (1943-1944). Establishedin the Executive Office of the President by E.O. 9327 of April 7, 1943, to provide formore efficient handling of government problems in areas that lacked adequatecommunity services or facilities because of large increases in population. Chairedby the director of the Bureau of the Budget, the committee included among itsmembers representatives from the Department of War, Department of the Navy, theWar Production Board, the War Manpower Commission, the Federal Works Agency,

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and the National Housing Agency. It was subsequently terminated by the NationalWar Agency Appropriation Act of 1945 (58 Stat. 535).

Consumer Affairs, Office of (1971-1973). Established in the ExecutiveOffice of the President by E.O. 11583 of February 24, 1971, to advise the Presidenton all matters relating to consumer interests. Headed by a presidentially-appointeddirector, the office and its functions were subsequently transferred to the Departmentof Health, Education, and Welfare by E.O. 11702 of January 25, 1973.

Defense and Civilian Mobilization, Office of (1958). Established in theExecutive Office of the President by Reorganization Plan 1 of 1958 to direct andcoordinate civilian mobilization activities and nonmilitary defense functions of thefederal government. The Office of Defense and Civilian Mobilization was headedby a presidentially-appointed director, who was subject to Senate approval. Theagency was renamed the Office of Civil and Defense Mobilization by an act ofAugust 25, 1958 (72 Stat. 861).

Defense Mobilization, Office of (1950-1953; 1953-1958). Establishedin the Executive Office of the President by E.O. 10193 of December 16, 1950, todirect, control, and coordinate all mobilization activities of the government, includingmanpower, stabilization, and transport operations. The Office of DefenseMobilization was headed by a presidentially-appointed director, who was subject toSenate approval. Reorganization Plan 3 of 1953 established a new Office of DefenseMobilization, which assumed the functions of its predecessor and some other entities.This unit was subsequently consolidated with the Federal Civil DefenseAdministration into the Office of Defense and Civilian Mobilization byReorganization Plan 1 of 1958.

Domestic Council (1970-1977; 1993- ). Established in the ExecutiveOffice of the President by Reorganization Plan 2 of 1970 to formulate and coordinatedomestic policy recommendations for the President. Chaired by the President, thecouncil included among its members the Vice President; the Attorney General; theSecretary of Agriculture; the Secretary of Commerce; the Secretary of Health,Education, and Welfare; the Secretary of Housing and Urban Development; theSecretary of the Interior; the Secretary of Labor; the Secretary of Transportation; theSecretary of the Treasury; and such other officers of the executive branch as thePresident might direct. The council was abolished by Reorganization Plan 1 of 1977and its functions were transferred to the Domestic Policy Staff. The council wasrecreated with E.O. 12859 of August 16, 1993, and was included within the Officeof Policy Development when it was reinstituted in 1996.

Domestic Policy Staff (1977-1992). Established in the Executive Officeof the President by Reorganization Plan 1 of 1977 to assure that the needs of thePresident for prompt and comprehensive advice were met with respect to matters ofeconomic and domestic policy. A staff authorization was initially established in 1978(92 Stat. 2448). Headed by an executive director, who was an assistant to thePresident, the Domestic Policy Staff was incorporated into the Office of PolicyDevelopment in 1981. It was abolished in a February 1992 presidential statement.

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Drug Abuse Policy, Office of (1976-1977). Established in the ExecutiveOffice of the President by an amendment to the Drug Abuse Office and TreatmentAct of 1972 (90 Stat. 242) to make recommendations to the President with respectto the objectives, policies, and priorities for federal drug abuse functions and tocoordinate the performance of those functions by federal departments and agencies.Headed by a presidentially-appointed director, who was subject to Senate approval,the Office of Drug Abuse Policy was abolished by Reorganization Plan 1 of 1977,which transferred certain of its functions to the White House Office.

Drug Abuse Prevention, Special Action Office for (1971-1975).Established in the Executive Office of the President by E.O. 11599 of June 17, 1971,and the Drug Abuse Office and Treatment Act of 1972 (86 Stat. 65) to assist thePresident with planning, policy formation, and establishing objectives and prioritiesfor all drug abuse prevention functions. Headed by a presidentially-appointeddirector, who was subject to Senate approval, the Special Action Office wasterminated on June 30, 1975, when its authorization expired (86 Stat. 70)

Economic Advisers, Council of (1946- ). Established in the ExecutiveOffice of the President by the Employment Act of 1946 (60 Stat. 24), the councilanalyzes the national economy and its segments, advises the President on economicdevelopments, appraises the economic programs and policies of the federalgovernment, recommends to the President policies for economic growth and stability,assists in the preparation of the economic reports of the President to Congress, andproduces its own annual report. The council is composed of three presidentially-appointed members, one of whom is designated chairman and all of whom aresubject to Senate approval.

Economic Opportunity, Office of (1964-1975). Established in theExecutive Office of the President by the Economic Opportunity Act of 1964 (78 Stat.508) to administer programs providing opportunities for education and training,work, and overcoming conditions of poverty. The Office of Economic Opportunitywas headed by a presidentially-appointed director, who was subject to Senateapproval. Programs of the agency were subsequently transferred to the Departmentsof Labor; Health, Education and Welfare; and Housing and Urban Developmentduring 1973 and dismantling of the agency was completed in 1975 when the finaltransfers were made to the Community Services Administration by the Headstart,Economic Opportunity, and Community Partnership Act of 1974 (88 Stat. 2310).

Economic Policy, Council on (1973-1974). Established in the ExecutiveOffice of the President by a presidential memorandum of February 2, 1973, to helpensure better coordination in the formation and execution of economic policy and toperform such functions relating to economic policy as the President or its chairmanmay direct. Headed by a chairman who was an assistant to the President, the councilincluded among its members the Secretary of State, the Secretary of the Treasury, theSecretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, theSecretary of Transportation, the director of the Office of Management and Budget,the chairman of the Council of Economic Advisers, the director of the Cost of LivingCouncil, and the executive director of the Council on International Economic Policy.Its functions were subsequently absorbed by the President’s Economic Policy Boardon September 30, 1974.

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Emergency Management, Office for (1940- ). Established in theExecutive Office of the President by a presidential administrative order of May 25,1940, in accordance with E.O. 8248 of September 8, 1939, organizing the ExecutiveOffice. The Office for Emergency Management assisted the President withcoordination and supervision of agencies engaged in emergency activities concerningU.S. preparation for and prosecution of World War II. A multiplicity of civilianemergency entities was created as organizational subunits of the Office forEmergency Management, which was headed by a presidentially-appointed LiaisonOfficer for Emergency Management. When the incumbent liaison officer resignedon November 3, 1943, no successor was appointed. By this time, many of thefunctions of the Office for Emergency Management had been assumed by one of itssubunits — the Office of War Mobilization. With the end of World War II, theOffice for Emergency Management became dormant, but has never been formallyterminated or abolished.

Emergency Planning, Office of (1961-1968). A scaled-down version ofthe Office of Civil and Defense Mobilization , the Office of Emergency Planning wasso designated by an act of September 22, 1961 (75 Stat. 630), and assisted andadvised the President in coordinating and determining policy for all emergencypreparedness activities of the federal government. Headed by a presidentially-appointed director, who was subject to Senate approval, the office was renamed theOffice of Emergency Preparedness by an appropriation act of October 21, 1968 (82Stat. 1194).

Emergency Preparedness, Office of (1968-1973). A renamed Office ofEmergency Planning, the Office of Emergency Preparedness was so designated byan appropriation act of October 21, 1968 (82 Stat. 1194). Headed by a presidentially-appointed director, who was subject to Senate approval, it advised and assisted thePresident on policy determination and coordination of emergency preparednessactivities. The Office of Emergency Preparedness was abolished by ReorganizationPlan 1 of 1973 and its functions were transferred to the Department of the Treasury,the Department of Housing and Urban Development, and the General ServicesAdministration.

Energy Policy Office (1973-1974). Established in the Executive Office ofthe President by E.O. 11726 of June 29, 1973, to formulate and coordinate energypolicies at the presidential level. Headed by a presidentially-appointed director, theEnergy Policy Office was abolished by E.O. 11775 of March 26, 1974, andsuperseded by the Federal Energy Office.

Energy Resources Council (1974-1977). Established in the ExecutiveOffice of the President by the Energy Reorganization Act of 1974 (88 Stat. 1241) toinsure communication and coordination among federal agencies havingresponsibilities for the development and implementation of energy policy or for themanagement of energy resources. It also was to make recommendations to thePresident for improving the implementation of federal energy policies or themanagement of energy resources, particularly where two or more departments oragencies are involved. The council was composed of the Secretary of the Interior,the administrator of the Federal Energy Administration, the administrator of theEnergy Research and Development Administration, the Secretary of State, the

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director of the Office of Management and Budget, and such other executive branchofficials as the President might designate. The President designated a chairman fromamong these members. The council was terminated when its establishing authoritywas subsequently repealed by the Department of Energy Organization Act of 1977(91 Stat. 608).

Environmental Quality, Council on (1970- ). Established in theExecutive Office of the President by the National Environmental Quality Act of 1969(83 Stat. 854) to develop and recommend to the President national policies topromote the improvement of the quality of the environment, perform continuinganalysis of changes or trends in the national environment, and assist the President inthe preparation of the annual environmental quality report to Congress. The councilis composed of three presidentially-appointed members, one of whom is designatedas chairman by the President and all of whom are subject to Senate approval.

Federal Energy Office (1973-1974; 1976). Established in the ExecutiveOffice of the President by E.O. 11748 of December 4, 1973, to advise the Presidentwith respect to the establishment and integration of domestic and foreign policiesrelating to the production, conservation, use, control, distribution, and allocation ofenergy and with respect to all other energy matters. Headed by an administrator, whowas the Deputy Secretary of the Treasury, the Federal Energy Office was abolishedby E.O. 11790 of June 25, 1974, and its functions were transferred to the FederalEnergy Administration. Temporarily recreated by E.O. 11930 of July 30, 1976, tocarry out functions of the Federal Energy Administration, the reconstituted FederalEnergy Office was headed by a presidentially-appointed administrator. It was finallyabolished by E.O. 11933 of August 25, 1976, and its functions again were transferredto the Federal Energy Administration.

Federal Property Council (1973-1977). Established in the ExecutiveOffice of the President by E.O. 11724 of June 25, 1973, to review all federal realproperty policies with respect to their consistency with the overall objectives of thegovernment, to make recommendations to the President regarding same, and to fosterthe development of more effective policies regarding the use of federal property. Thecouncil’s members included the director of the Office of Management and Budget,the chairman of the Council of Economic Advisers, the chairman of the Council onEnvironmental Quality, and such other members from the Executive Office as thePresident might specify. The President designated the council’s chairman fromamong its members. The panel was abolished by E.O. 12030 of December 15, 1977.

Government Reports, Office of (1939-1942; 1946-1948). EstablishedJuly 1, 1939, to perform functions of the National Emergency Council, which wasabolished by Reorganization Plan 2 of 1939. Pursuant to E.O. 8248 of September 8,1939, organizing the Executive Office of the President, the Office of GovernmentReports became a unit of the Executive Office. Headed by a presidentially-appointeddirector, it was mandated to provide a central clearinghouse through which citizensas well as state and local governments could make inquires and receive responsiveinformation about federal activities and programs, to collect and distributeinformation concerning the purposes and operations of the departments and agencies,and to keep the President currently informed about the opinions, desires, andcomplaints of citizens and subnational government officials regarding the work of

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federal agencies. It was then consolidated with the Office of War Information, asubunit of the Office for Emergency Management, by E.O. 9182 of June 13, 1942.Temporarily reestablished in the Executive Office with new responsibilities by E.O.9809 of December 12, 1946, the Office of Government Reports subsequently wasstatutorily restricted the following year to advertising and motion picture liaison andlibrary operation (61 Stat. 588). In accordance with the liquidation arrangements setforth in E.O. 9809, the Office of Government Reports was terminated on June 30,1948.

Gulf Coast Recovery and Rebuilding Council (2005 - ). Establishedin the Executive Office of the President by E.O. 13389 of November 1, 2005, topromptly review and provide advice and recommendations regarding the effective,integrated, and fiscally responsible provision of federal support to state, local, andtribal governments, the private sector, and faith-based and other communityhumanitarian relief organizations in the recovery and rebuilding of the Gulf Coastregion affected by Hurricane Katrina and Hurricane Rita. Initially chaired by theAssistant to the President for Economic Policy, the 21-member panel includesrepresentatives from the Cabinet departments, the heads of certain independentagencies, and other Executive Office and White House Office officials. E.O. 13463of April 18, 2008, designated the Assistant to the President for Homeland Securityand Counterterrorism as the new chair of the council, and set February 28, 2009, asthe date for the termination of the panel.

Homeland Security Council (2001- 2002; 2002- ). Established in theExecutive Office of the President by E.O. 13228 of October 8, 2001, to advise andassist the President with respect to all aspects of homeland security and serve as themechanism for ensuring coordination of homeland security-related activities ofexecutive departments and agencies and effective development and implementationof homeland security policies. Statutorily reconstituted to advise the President onhomeland security matters; assess the objectives, commitments, and risks of theUnited States in the interest of homeland security and make resultingrecommendations to the President; and oversee and review homeland securitypolicies of the federal government and make resulting recommendations to thePresident (116 Stat. 2135).

Homeland Security, Office of (2001-2004). Established in the ExecutiveOffice of the President by E.O. 13228 of October 8, 2001, to develop and coordinatethe implementation of a comprehensive national strategy to secure the United Statesfrom terrorist threats or attacks. The office is under the direction of the assistant tothe President for homeland security. In late July 2003, doubt was cast on the futureof OHS when House appropriators, in their report on the Departments ofTransportation and Treasury and Independent Agencies Appropriations Bill, 2004,revealed that the Bush Administration had changed the “Office of HomelandSecurity” account to one for the “Homeland Security Council.” The account changeapparently also implied the shift of 66 staff from OHS to the council, which thereport questioned “given the existence and support of the Department of Homeland

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48 U.S. Congress, House Committee on Appropriations, Departments of Transportation andTreasury and Independent Agencies Appropriations Bill, 2004, a report to accompany H.R.2989, 108th Cong., 1st sess., H.Rept. 108-243 (Washington: GPO, 2003), p. 163.49 118 Stat. 3.

Security.”48 Subsequently, the Consolidated Appropriations Act, 2004, whichincluded funding for the agencies of the Executive Office of the President, did notmake any allocation for OHS, but did provide $7.2 million for the Homeland SecurityCouncil.49 The President’s FY2005 budget made no mention of OHS, which, whilenot formally abolished, has become dormant.

Intellectual Property Enforcement Coordinator (2008- ). Establishedin the Executive Office of the President by the Prioritizing Resources andOrganization for Intellectual Property Act of 2008 (122 Stat. 4256). The coordinatorchairs the interagency intellectual property enforcement advisory committee;coordinates the development of the Joint Strategic Plan against counterfeiting andinfringement by the advisory committee; assists, as requested, in the implementationof the Joint Strategic Plan; facilitates the issuance of relevant policy guidance; andreports to the President and Congress on his duties and responsibilities.

Intergovernmental Relations, Office of (1969-1972). Established in theExecutive Office of the President by E.O. 11455 of February 14, 1969, to strengthenfederal, state, and local relations. The Office of Intergovernmental Relations wasunder the immediate supervision of the Vice President, who designated its director.It was subsequently abolished by E.O. 11690 of December 14, 1972, whichtransferred its functions to the Domestic Council.

International Economic Policy, Council on (1971-1977). Establishedin the Executive Office of the President by a presidential memorandum of January,19, 1971, to assist the President with the coordination and consistency of policy andactivities concerning foreign economic affairs. Statutorily authorized by theInternational Economic Policy Act of 1972 (86 Stat. 646), the council was chairedby the President and its members included the Secretary of State, the Secretary of theTreasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary ofLabor, the director of the Office of Management and Budget, the chairman of theCouncil of Economic Advisers, the assistant to the President for national securityaffairs, the executive director of the Domestic Council, and the SpecialRepresentative for Trade Negotiations. The council ceased operations on September30, 1977 when its statutory authorization (87 Stat. 447) expired.

Management and Budget, Office of (1970- ). Established in theExecutive Office of the President by Reorganization Plan 2 of 1970 to assist thePresident with various aspects of federal budget preparation and administration,operations and funds management, management evaluation, efficient and economicalconduct of government service, and policy coordination and clearance. The officeis headed by a director, who, since 1974 (88 Stat. 11), has been subject to Senateapproval.

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Marine Resources and Engineering Development, National Councilon (1966-1971). Established in the Executive Office of the President by the MarineResources and Development Act of 1966 (80 Stat. 204) to provide advice andassistance to the President to assure that marine science and technology areeffectively used in the interest of national security and the general welfare. Chairedby the Vice President, the council was composed of the Secretary of State, theSecretary of the Navy, the Secretary of the Interior, the Secretary of Commerce, thechairman of the Atomic Energy Commission, the director of the National ScienceFoundation, the Secretary of Health, Education, and Welfare, the Secretary of theTreasury, and such other officers and officials as the President deemed advisable todesignate as members. The council was subsequently terminated when its mandatewas extended only to June 30, 1971, by an act of September 25, 1970 (84 Stat. 865).

Mutual Security Agency (1951-1953). Established and continued by theMutual Security Acts of 1951 (65 Stat. 373) and 1952 (66 Stat. 141) as a unit of theExecutive Office of the President to maintain security and promote foreign policy andprovide for the general welfare of the United States by furnishing military, economic,and technical assistance to friendly nations in the interest of international peace andsecurity. The Mutual Security Agency and the Office of the Director for MutualSecurity were abolished by Reorganization Plan 7 of 1953 with the functions of bothentities transferred to the Foreign Operations Administration, which was establishedby the same plan authority.

National Aeronautics and Space Council (1958-1973). Established inthe Executive Office of the President by the National Aeronautics and Space Act of1958 (72 Stat. 427) to advise and assist the President regarding aeronautical andspace programs and activities. Chaired by the President, the council was composedof the Secretary of State, the Secretary of Defense, the administrator of the NationalAeronautics and Space Administration, the chairman of the Atomic EnergyCommission, a presidentially-appointed member from the federal agencies, and threepresidentially-appointed members from private life. The council was abolished byReorganization Plan 1 of 1973.

National Critical Materials Council (1984-1993). Established in theExecutive Office of the President by the National Critical Materials Act of 1984 (98Stat. 1250) to advise the President on policies related to strategic and criticalmaterials and to review federal programs, activities, and budget priorities withrespect to these policies. The council was composed of three presidentially-appointed members, one of whom is designated chairman by the President and all ofwhom, if not already Senate-confirmed officers, were subject to Senate approval.Individuals named to the council were, as a result of training, experience, andachievement, to be qualified to carry out its duties and functions. The council wasdissolved in 1993, its funding was discontinued, and its functions were assumed bythe Office of Science and Technology Policy.

National Drug Control Policy, Office of (1988- ). Established in theExecutive Office of the President by the National Narcotics Leadership Act of 1988(102 Stat. 4181) to advise the President regarding necessary changes in theorganization, management, budgeting, and personnel allocation of federal agenciesinvolved in drug enforcement activities and coordination of policy for consistency

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with the national drug control strategy. The Office of National Drug Control Policyis headed by a director, who is subject to Senate approval.

National Energy Office (1973). Established in the Executive Office of thePresident by E.O., 11712 of April 18, 1973, to advise the President with respect toall federal energy programs, activities, and related matters. Headed by apresidentially-appointed director, the National Energy Office was abolished by E.O.11726 of June 29, 1973, which transferred its functions to the Energy Policy Office.

National Security Council (1949- ). Established by the National SecurityAct of 1947 (61 Stat. 496), the council was transferred to the Executive Office of thePresident by Reorganization Plan 4 of 1949. Its statutory function is to advise thePresident with respect to the integration of domestic, foreign, and military policiesrelating to national security. Chaired by the President, the council includes amongits statutory members the Vice President, the Secretary of State, and the Secretary ofDefense. Each President may also designate other officials to attend and participatein council meetings on a regular basis. The Director of National Intelligence and thechairman of the Joint Chiefs of Staff serve as statutory advisers to the council.Although the council has been statutorily authorized to have a presidentially-appointed executive secretary since its creation, leadership of its staff has beenexercised for many years by each President’s national security assistant, who isactually a member of the White House Office staff. The work of the council is alsoconducted through various working groups and special policy instruments.

National Security Resources Board (1949-1953). Established by theNational Security Act of 1947 (61 Stat. 499), the board was transferred to theExecutive Office of the President by Reorganization Plan 4 of 1949. Functions ofthe board were transferred to its chairman, and the board was made advisory to himby Reorganization Plan 25 of 1950. The board primarily was to advise the Presidentconcerning the coordination of military, industrial, and civilian mobilization. Itschairman was appointed from civilian life by the President with Senate approval; itsmembers included the heads or representatives from the various departments andagencies so designated by the President. Those functions of the board delegated byexecutive order were transferred to the Office of Defense Mobilization by E.O. 10438of March 13, 1953. The board was subsequently abolished by Reorganization Plan3 of 1953, which transferred its remaining function to the Office of DefenseMobilization.

National Space Council (1988-1993). Established in the Executive Officeof the President by the National Aeronautics and Space Administration AuthorizationAct, Fiscal Year 1989 (102 Stat. 4102) and organized by E.O. 12675 of April 20,1989, to advise and assist the President on national space policy and strategy.Chaired by the Vice President, the council included among its members the Secretaryof State, the Secretary of the Treasury, the Secretary of Defense, the Secretary ofCommerce, the Secretary of Transportation, the director of the Office of Managementand Budget, the chief of staff to the President, the assistant to the President fornational security affairs, the assistant to the President for science and technology, theDirector of Central Intelligence, and the administrator of the National Aeronauticsand Space Administration. The council was dissolved in 1993, its funding was

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discontinued, and its functions were assumed by the Office of Science andTechnology Policy.

Operations Coordinating Board (1953-1957). Established by E.O. 10483of September 2, 1953, to provide primarily for the integrated implementation ofnational security policies by several agencies. Chaired by the Under Secretary ofState, the board included among its members the Deputy Secretary of Defense, thedirector of the Foreign Operations Administration, the Director of CentralIntelligence, and a presidential representative designated by the President. With E.O.10700 of February 25, 1957, the board was subsumed as a subunit of the NationalSecurity Council and its membership was slightly expanded, with both the chairmanand a vice chairman designated from among its members by the President. The boardwas terminated by E.O. 10920 of February 18, 1961, which revoked E.O. 10700.

Personnel Management, Liaison Office for (1939-1953). Establishedin the Executive Office of the President by E.O. 8248 of September 8, 1939,organizing the Executive Office. Headed by a presidentially-appointed liaisonofficer, the office advised and assisted the President regarding personnel matters. Itwas abolished by E.O. 10452 of May 1, 1953, and its functions were delegated to thechairman of the Civil Service Commission.

Policy Development, Office of (1981-1992; 1996- ). A renamedDomestic Policy Staff, the Office of Policy Development continued to advise andassist the President in the formulation, coordination, and implementation ofeconomic and domestic policy. Headed by the assistant to the President for economicand domestic policy, it was abolished in February 1992 by the President’sreorganization statement, effective May 1992. Reinstituted in 1996 to consist of theDomestic Policy Council, established in 1993 by E.O. 12859, and the NationalEconomic Council, created in 1993 by E.O. 12835.

Presidential Clemency Board (1974-1975). Established in the ExecutiveOffice of the President by E.O. 11803 of September 16, 1974, to examine the casesof individuals applying for executive clemency and to report findings and makerecommendations to the President regarding the granting of clemency. The boardconsisted of eight presidentially-appointed members from private life, one of whomwas designated chairman by the President. Having submitted its finalrecommendations to the President on September 15, 1975, the board, pursuant toE.O. 11878 of September 10, 1975, terminated its operations and its remainingadministrative duties were transferred to the Attorney General.

President’s Economic Policy Board (1974-1977). Established in theExecutive Office of the President by E.O. 11808 of September 30, 1974, to provideadvice to the President concerning all aspects of national and international economicpolicy, oversee the formulation, coordination, and implementation of all economicpolicy, and serve as the focal point for economic policy decisionmaking. Chaired bythe Secretary of the Treasury, the board included among its members the assistant tothe President for economic affairs, the Secretary of State, the Secretary of the Interior,the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, theSecretary of Health, Education, and Welfare, the Secretary of Housing and UrbanDevelopment, the Secretary of Transportation, the director of the Office of

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Management and Budget, the chairman of the Council of Economic Advisers, andthe executive director of the Council on International Economic Policy. It wassubsequently terminated by E.O. 11975 of March 7, 1977.

Privacy and Civil Liberties Oversight Board (2004-2007). Establishedin the Executive Office of the President by the Intelligence Reform and TerrorismPrevention Act of 2004 (118 Stat. 3638) to advise the President or the head of anydepartment or agency of the executive branch to ensure that privacy and civil libertiesare appropriately considered in the development and implementation of laws,regulations, and executive branch policies to protect the nation from terrorism; toreview proposed regulations and policies related to efforts to protect the nation fromterrorism; to review the implementation of laws, regulations, and executive branchpolicies related to efforts to protect the nation from terrorism; and to provide adviceon proposals to retain or enhance a particular governmental power relative to theneed to protect privacy and civil liberties. The board was composed of fivemembers, all appointed by the President, and two of which, the chair and vice chair,were subject to Senate confirmation. The board became an independent agencywithin the executive branch pursuant to the Implementing Recommendations of the9/11 Commission Act of 2007 (121 Stat. 266).

Resources Planning Board, National (1939-1943). Established in theExecutive Office of the President by Reorganization Plan 1 of 1939 to collect,prepare, and make available to the President, with recommendations, such plans,data, and information as may be helpful to a planned development and use of naturalresources. The board was composed of five members appointed by the President,with one designated as chairman and another designated as vice chairman. The boardwas abolished by an appropriation act of June 26, 1943 (57 Stat. 170).

Rural Affairs, Council for (1969-1970). Established in the ExecutiveOffice of the President by E.O. 11493 of November 13, 1969, to advise and assist thePresident with respect to the further development of the nonmetropolitan areas of thecountry. Chaired by the President, the council included among its members the VicePresident, the Secretary of Agriculture, the Secretary of the Interior, the Secretary ofCommerce, the Secretary of Health, Education, and Welfare, the Secretary ofHousing and Urban Development, the Secretary of Labor, the chairman of theCouncil of Economic Advisers, the director of the Bureau of the Budget, the directorof the Office of Economic Opportunity, and such other heads of departments andagencies as the President might direct. The council was subsequently terminated byE.O. 11541 of July 1, 1970, which transferred its functions to the Domestic Council.

Science and Technology, Office of (1962-1973). Established in theExecutive Office of the President by Reorganization Plan 2 of 1962 to advise andassist the President with respect to developing policies and evaluating andcoordinating programs to assure that science and technology are used mosteffectively in the interests of national security and the general welfare. Headed bya presidentially-appointed director, who was subject to Senate approval, the Officeof Science and Technology was abolished and its functions were transferred to theNational Science Foundation by Reorganization Plan 1 of 1973.

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Science and Technology Policy, Office of (1976- ). Established in theExecutive Office of the President by the Presidential Science and TechnologyAdvisory Organization Act of 1976 (90 Stat. 463) to provide advice to the Presidenton scientific, engineering, and technological aspects of issues that require attentionat the highest levels of government. The Office of Science and Technology Policyis headed by a presidentially-appointed director, who is subject to Senate approval.

Special Representative for Trade Negotiations, Office of the (1963-1979). Established in the Executive Office of the President by E.O. 11075 ofJanuary 15, 1963, to assist the President with supervising and coordinating the tradeagreements program and directing U.S. participation in trade negotiations with othercountries. Headed by the Special Trade Representative, who was subject to Senateapproval, the agency was redesignated the Office of the United States TradeRepresentative by Reorganization Plan 3 of 1979.

Telecommunications Adviser to the President (1951-1953).Established in the Executive Office of the President by E.O. 10297 of October 9,1951, the Telecommunications Adviser, who was presidentially-appointed, was toassist and advise the President concerning telecommunications policies andprograms. The adviser’s mandate was revoked and his functions were transferred tothe director of the Office of Defense Mobilization by E.O. 10460 of June 16, 1953.

Telecommunications Policy, Office of (1970-1977). Established in theExecutive Office of the President by Reorganization Plan 1 of 1970 to establish andimplement executive branch communications policies, coordinate the planning andevaluate the operation of executive branch communications activities, and developmobilization plans for the nation’s communications resources and implement thoseplans during an emergency. Headed by a presidentially-appointed director, who wassubject to Senate approval, the Office of Telecommunications Policy wassubsequently abolished by Reorganization Plan 1 of 1977 and its functions weretransferred to the Department of Commerce.

United States Trade Representative, Office of the (1979- ). Arenamed Office of the Special Representative for Trade Negotiations, the Office ofthe United States Trade Representative was so designated by Reorganization Plan 3of 1979. Headed by the presidentially-appointed U.S. Trade Representative, who issubject to Senate approval, it advises and assists the President with setting andadministering overall trade policy.

Urban Affairs, Council for (1969-1970). Established in the ExecutiveOffice of the President by E.O. 11452 of January 23, 1969, to assist the Presidentwith the formulation and implementation of a national urban policy. Chaired by thePresident, the council included among its members the Vice President, the AttorneyGeneral, the Secretary of Agriculture, the Secretary of Commerce, the Secretary ofLabor, the Secretary of Health, Education, and Welfare, the Secretary of Housing andUrban Development, the Secretary of Transportation, and such other heads ofdepartments and agencies as the President might direct. The council wassubsequently terminated by E.O. 11541 of July 1, 1970, which assigned its functionsto the Domestic Council.

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Wage and Price Stability, Council on (1974-1981). Established in theExecutive Office of the President by the Council on Wage and Price Stability Act of1974 (88 Stat. 750) to identify and monitor economic factors contributing toinflation, including the effects on inflation of industrial, wage, and productivityperformance and federal policies, programs, and activities. The council consisted ofeight presidentially-appointed members from within the executive branch, with onedesignated as chairman by the President. Among those so appointed were certainCabinet secretaries, heads of other Executive Office agencies, and senior WhiteHouse Office staff members. The council was subsequently abolished by E.O. 12288of January 29, 1981. Its funding was immediately ended by an appropriation act ofJune 5, 1981 (95 Stat. 74), and its authorization was repealed by the Omnibus BudgetReconciliation Act of 1981 (95 Stat. 432).

War Refugee Board (1944-1945). Established in the Executive Office ofthe President by E.O. 9417 of January 22, 1944, to effectuate with all possible speedthe rescue and release of victims of enemy oppression in immediate danger of death,and otherwise to afford such victims all possible relief and assistance. Composed ofthe Secretaries of State, War, and the Treasury, the board was to report to thePresident at frequent intervals concerning the steps taken for the rescue and relief ofwar refugees and to make recommendations to overcome any difficulties encounteredregarding such efforts. The board was terminated by E.O. 9614 of September 14,1945.

White House Office (1939- ). Established in the Executive Office of thePresident by Reorganization Plan 1 of 1939 to provide assistance to the President inthe performance of his many detailed activities incident to his immediate office. TheWhite House Office is organized in accordance with the wishes of each incumbentPresident and is directed by staff chosen by the President. A staff authorization wasinitially established in 1978 (92 Stat. 2445). Some presidential boards, committees,and commissions function organizationally as subunits of the White House Office.

White House Office of Faith-Based and Community Initiatives(2001- ). Established in the Executive Office of the President by E.O. 13199 ofJanuary 29, 2001. The Office, among other responsibilities, develops, leads, andcoordinates the Administration’s policy agenda affecting faith-based and othercommunity programs and initiatives, expands the role of such efforts in communities,and increases their capacity through executive action, legislation, federal and privatefunding, and regulatory relief.

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Appendix B: A Chronology of the Principal Units of

the Executive Office of the President: 1939-2008

Unit Added Removed Status

White House Office 1939 — —

Bureau of the Budget 1939 1970 Reorganized as the OfficeManagement and Budget

National ResourcesPlanning Board

1939 1943 Abolished

Liaison Office forPersonnel Management

1939 1953 Functions delegated to theCivil Service Commission

Office of GovernmentReports

1939 1942 Transferred to the Office ofWar Information

Office for EmergencyManagement

1940 — Dormant

Committee for CongestedProduction Areas

1943 1944 Abolished

War Refugee Board 1944 1945 Abolished

Council of EconomicAdvisers

1946 — —

Office of GovernmentReports

1946 1948 Abolished

National Security Council 1949 — —

National SecurityResources Board

1949 1953 Transferred to the Office ofDefense Mobilization

Office of DefenseMobilization

1950 1958 Transferred to the Office ofDefense and CivilianMobilization

TelecommunicationsAdviser to the President

1951 1953 Transferred to the Office ofDefense Mobilization

Mutual Security Agency 1951 1953 Transferred to the ForeignOperations Administration

Operations CoordinatingBoard

1953 1957 Subsumed by the NationalSecurity Council

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Unit Added Removed Status

Office of Defense andCivilian Mobilization

1958 1958 Renamed the Office of Civiland Defense Mobilization

Office of Civil and DefenseMobilization

1958 1961 Some functions transferred tothe Department of Defenseand the agency was renamedthe Office of EmergencyPlanning

National Aeronautics andSpace Council

1958 1973 Abolished

Office of EmergencyPlanning

1961 1968 Renamed the Office ofEmergency Preparedness

Office of Science andTechnology

1962 1973 Transferred to the NationalScience Foundation

Office of the SpecialRepresentative for TradeNegotiations

1963 1979 Redesignated the Office ofthe United States TradeRepresentative

Office of EconomicOpportunity

1964 1975 Transferred to theDepartments of Labor,Health, Education, andWelfare; and Housing andUrban Development; and theCommunity ServicesAdministration

National Council on theArts

1964 1965 Transferred to the NationalFoundation on the Arts andthe Humanities

National Council onMarine Resources andEngineering Development

1966 1971 Abolished

Economic OpportunityCouncil

1967 1977 Abolished

Office of EmergencyPreparedness

1968 1973 Transferred to theDepartments of the Treasuryand Housing and UrbanDevelopment and the GeneralServices Administration

Council for Urban Affairs 1969 1970 Transferred to the DomesticCouncil

Office of IntergovernmentalRelations

1969 1972 Transferred to the DomesticCouncil

Council for Rural Affairs 1969 1970 Transferred to the DomesticCouncil

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Unit Added Removed Status

Council on EnvironmentalQuality

1970 — —

Office ofTelecommunications Policy

1970 1977 Transferred to the Departmentof Commerce

Office of Management andBudget

1970 — —

Domestic Council 1970 1977 Reorganized as the DomesticPolicy Staff

Council on InternationalEconomic Policy

1971 1977 Abolished

Office of Consumer Affairs 1971 1973 Transferred to the Departmentof Health, Education, andWelfare

Special Action Office forDrug Abuse Prevention

1971 1975 Abolished

Council on EconomicPolicy

1973 1974 Superseded by the President’sEconomic Policy Board

National Energy Office 1973 1973 Superseded by the EnergyPolicy Office

Federal Property Council 1973 1977 Abolished

Energy Policy Office 1973 1974 Superseded by the FederalEnergy Office

Federal Energy Office 1973 1974 Transferred to the FederalEnergy Administration

Council on Wage and PriceStability

1974 1981 Abolished

Presidential ClemencyBoard

1974 1975 Transferred to the Departmentof Justice

President’s EconomicPolicy Board

1974 1977 Abolished

Energy Resources Council 1974 1977 Abolished

Office of Drug AbusePolicy

1976 1977 Transferred to the WhiteHouse Office

Federal Energy Office 1976 1976 Transferred to the FederalEnergy Administration

Office of Science andTechnology Policy

1976 — —

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Unit Added Removed Status

Office of Administration 1977 — —

Domestic Policy Staff 1977 1992 Incorporated into the Officeof Policy Development in1981

Office of the United StatesTrade Representative

1979 — —

Office of PolicyDevelopment

1981 1992 Abolished

National Critical MaterialsCouncil

1984 1993 Dissolved and functionsassumed by Office of Scienceand Technology Policy

National Space Council 1988 1993 Dissolved and functionsassumed by Office of Scienceand Technology Policy

Office of National DrugControl Policy

1988 — —

Office of PolicyDevelopment

1996 — —

White House Office ofFaith-Based andCommunity Initiatives

2001 — —

Office of HomelandSecurity

2001 2004 Dormant

Homeland Security Council 2001 — —

Privacy and Civil LibertiesOversight Board

2004 2007 Became an independentagency in the executivebranch

Gulf Coast Recovery andRebuilding Council

2005 — E.O. 13463, scheduledtermination for Feb. 28, 2009

Intellectual Property Enforcement Coordinator

2008 — —